Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Citation
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Parent Document
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Jurisdiction
- United States (federal)
- Effective Date
- 1986-04-21
Other Sections in This Document (36)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
- Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Full Text
960 charsWhile it is true that the deprivation of a right secured by the Constitution and laws of the United States is a prequisite to a § 1983 action, Martinez v. California, 444 U.S. 277, 285, 100 S.Ct. 553, 558, 62 L.Ed.2d 481 (1980), the Supreme Court has explained that property interests protected by the right to due process are not created by the Constitution but are created and defined by independent sources of law, such as state law. Board of Regents v. Roth, 408 U.S. 564, 578, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972); see also Webb’s Fabulous Pharmacies v. Beckwith, 449 U.S. 155, 162, 101 S.Ct. 446, 451, 66 L.Ed.2d 358 (1980). Thus, a § 1983 claim of a procedural due process violation cannot be dismissed solely because the interest at stake is state-created. The court must further inquire whether state law invests the plaintiff with “a legitimate claim of entitlement” protected by the due process clause. Roth, 408 U.S. at 578, 92 S.Ct. at 2709.